Q:
What are the Elements of Battery as a Physical Harm?

1. Elements
a. Intentional- desire to cause the circumstances
i. May be inferred (Garrat v. Daily- Chair prank where if D knows of substantial certainty of that contact or apprehension will result, then D is liable for intentional tort.)
ii. The mentally incompetent capable who caused damage should pay.
iii. Child capable, parent may be liable
iv. Voluntary intoxication- does not excuse intent
b. Contact/touching
i. Anything connected
c. Harmful or offensive
d. Of another
i. Transferred intent (boy pulls chair out from under Aunt)
ii. P. must be recipient (The battery must have direct contact with P.)
e. Without consent
f. Plaintiff need not be aware of battery when it occurs. (Man kisses woman while sleeping)

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